Lawfare At the Chokepoint: The Weaponization Of Maritime Jurisdiction in The Strait of Hormuz
Abstract
The Strait of Hormuz is one of the world's most critical maritime choke points, through which approximately one-fifth of global petroleum liquids flow daily. In recent years, state and non-state actors have increasingly shifted from traditional kinetic force toward "lawfare"—the strategic exploitation of legal frameworks, maritime jurisdictional claims, and regulatory enforcement to achieve geopolitical and strategic objectives. This article investigates the operationalization of lawfare within the Strait of Hormuz under international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS). Utilizing a qualitative legal-doctrinal and comparative empirical methodology, this paper examines how coastal states leverage ambiguous provisions governing innocent passage, transit passage, state security exceptions, and environmental regulation to justify ship seizures, boarding operations, and navigation disruptions. The findings indicate that legal gray zones surrounding sovereign immunity, marine environmental protection, and asymmetric interpretation of UNCLOS provisions serve as force multipliers in gray-zone conflicts. The study concludes that mitigating maritime lawfare requires strengthening international dispute settlement mechanisms, clarifying transit passage enforcement thresholds, and enhancing multilateral maritime domain awareness.
Keywords
Lawfare, Strait of Hormuz, Maritime Jurisdiction
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